1.3

Question 1

What is the lady of justice and what do her features represent

Answer 1

• she is symbolic of the moral compass guiding the justice system
• blindfold represents impartiality
• scales represents the balance between fairness and truth
• sword represents authority, justice is swift, final and transparent (unsheathed)
• models of justice should ensure/aim for these things

Question 2

In 1968, Professor of Law and Criminology, Herbert Packer described two opposing models that shape the way the criminal justice systems work.

What are these?

Answer 2

• the crime control model: emphasises the efficient arrest and conviction of offenders
• the due process model: emphasises the rights of the individual at all stages of the CJS

Question 3

What is a quote the crime control model follows?

Answer 3

‘An eye for an eye’ Exodus 21:24

Question 4

What is a quote the due process model follows?

Answer 4

“The purpose of the Criminal justice system (CJS) is….to deliver an efficient, effective, accountable and fair justice process for the public” (Garside, 2008)

Question 5

Describe the features of the due process model

Answer 5

• This models starts from a presumption of innocence. The accused is innocent until proven guilty by the courts -> emphasises presumption of innocence
• emphasises the rights of the accused individual rather than those of victims or society -> puts defendant at heart of the case
• Rather than a conveyor belt carrying the accused to punishment swiftly, this model provides rules as an obstacle course for prosecutors to overcome to secure a conviction -> allows all legal rights
• has less faith in the police’s ability to conduct satisfactory investigations. Suspect and defendant rights need to be protected by rules that must be followed during investigations and trials -> aims to minimise police powers
• argues that some guilty offenders going free on a ‘technicality’ is a lesser evil than convicting the innocent.
• The power of the state is the greatest threat, the main goal is to protect the accused from oppression by agents of the state (police, etc)
• links to theory of left realism

Question 6

Describe the features of the crime control model

Answer 6

• This model starts from a presumption of guilt (guilty until proven innocent). It trusts the police to be able to identify the ‘probably guilty’ through investigations and interrogations.
• Crime is a threat to people’s freedom, the main goal is the suppression of crime by prioritising catching and punishing offenders.
• emphasises the rights of the victim and society rather than those of the suspects -> puts victim at heart of the case
• adopts a conveyor belt type system/approach to crime control that speedily prosecutes, convicts and punishes the ‘probably guilty’
• believes that the police should be free from unnecessary legal technicalities that prevent them from investigating crime=aim to maximise police powers and tries to restrict legal rights
• argues that a few innocent people occasionally being wrongly convicted is a price worth paying for the conviction of large numbers of guilty people
• links to theory of right realism

Question 7

What laws, government rules or policy support the due process model?

Answer 7

• CJA- Rules of Evidence-What is admissible is ensure people are fairly treated.
• PACE- How/why people are arrested and informed of their rights.
• HRA 1998- Criminal justice practices must comply.
• Theory Links- is all to protect people. To limit the powers of agencies and to attempt to negate the impact of capitalism to create more equality ->Left Realism
• Criticism- Guilty people freed on legal technicalities or loop holes.

Question 8

Explain how certain cases relate to due process

Answer 8

• Barry George: convicted of the murder of Jill Dando. Served 8 years in prison. Fits due process model as : police investigation was thorough, appeals allowed and decisions challenged
• Sion Jenkins: right to appeal against conviction- Convicted of murdering his foster daughter based on microscopic droplets of DNA, due to his right to appeal the conviction was eventually quashed after several years.
• Colin Stagg: Improperly obtained evidence- not allowed by Judge.
• Robert Thompson and John Venables (not due process):Human right compliance.- Fair trial. Killers of James Bulger, European Court of Human Rights ruled killers did not get a fair trial due to publicity and adult court, links to the belief in Human Rights for suspects
  don’t need all of these cases

Question 9

What Laws, government rules or policy support the Crime Control model?

Answer 9

• Evidence rules- Allowing bad character evidence and previous convictions.
• The removal of the double jeopardy law
• The extension of detention time for suspected terrorists
• criticism-Securing conviction at any cost- innocent people found guilty

Question 10

Explain how certain cases relate to crime control

Answer 10

• Barry George: Convicted of the murder of Jill Dando. Served 8 years in prison.
  Fits Crime Control Model as: Focussed on Barry as he fit the profile, Conviction based on a single piece of GSR evidence, imprisonment, Failed appeal, No compensation- as not considered Miscarriage of justice.
• Sion Jenkins:Orignial conviction, Little evidence- had to prove innocence to get compensation (been denied compensation on the grounds that there is no evidence to prove his innocence)
• Colin Stagg:Targeted by police as he fit the profile of a strange/loner. Confession- extracted by honeytrap.
• Birmingham six: false confessions = abuse of power by the police.
  don’t need all of these

Question 11

exam advice for 1.3 (describe models of criminal justice): exam questions when describing and higher marks, add support (cases and legislation)